AGENDA ITEM 16
July 13,2010
Public Hearing
MEMORANDUM
TO:
FROM:
County Council
..\tMichael Faden, Senior Legislative Attorney
~\,;
Amanda Mihill, Legislative Analyst
Public Hearing:
Expedited Bill 40-10, Stormwater Management - Revisions
SUBJECT:
Expedited Bill 40-10, Storm water Management - Revisions, sponsored by the Council
President at the request of the County Executive, was introduced on June 29, 2010. A
Transportation, Infrastructure, Energy and Environment Committee worksession is tentatively
scheduled for July 15 at 9:30 a.m.
Bill 40-10 would require management of stormwater runoff through the use of
nonstructural best management practices to the maximum extent practicable for new
development and redevelopment projects approved by the Department of Permitting Services
and bring local stormwater management requirements into compliance with the Maryland
Stormwater Management Act of2007 and the State implementing regulations adopted this year.
This packet contains:
Expedited Bill 40-10
Legislative Request Report
Memo from County Executive
Circle
#
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040
Stormwater Management-RevisionslPublic Hearing Memo.Doc
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Expedited Bill No.
40-10
Concerning: Stormwater Management -­
Revisions
Draft No. 1
Revised:
6/24/2010
Introduced:
June 29, 2010
Expires:
December 29, 2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
_N:...:.o=.:n"",e~-::--
_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request ofthe County Executive
AN EXPEDITED ACT
to:
(1) require management of stormwater runoff through the use of nonstructural best
management practices to the maximum extent practicable for new development and
redevelopment projects approved by the Department of Permitting Services;
(2) bring local stormwater management requirements into compliance with the
Maryland Stormwater Management Act of2007; and
(3)
generally amend County law regarding stormwater management.
By amending
Montgomery County Code
Chapter 19, Erosion, Sediment Control and Storm Water Management
Sections 19-20 through 19-35
By adding
Montgomery County Code
Chapter 19, Erosion, Sediment Control and Storm Water Management
Sections 19-21 A, 19-23A
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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ExPEDITED BILL
No. 40-10
Sec. 1. Sections 19-20 through 19-35 are amended, and Sections 19-21A
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3
4
and 23A are added as follows:
19-20. Purpose of article; scope.
The purpose of this Article is to protect, maintain and enhance the public
health, safety, and general welfare by establishing minimum requirements and
procedures to control the adverse impacts associated with increased stonnwater
runoff from developed and developing lands.
[The policy of the County is to
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minimize damage to public and private property, reduce the effects of development
on stream water quality, control stream channel erosion, reduce local flooding, and,
to the extent reasonable, maintain the pre-development runoff characteristics of land
after development through proper management of stonnwater runoff.] The primary
goal of the County is to maintain after development, as nearly as possible, the
predevelopment runoff characteristics, and to reduce stream channel erosion,
pollution, siltation and sedimentation, and local flooding
Qy
implementing
environmental site design to the maximum extent practicable and using appropriate
structural best management practices only when necessary. The 2000 Maryland
Stonnwater Design Manual and any subsequent reVISIons are incorporated
Qy
reference as if fully set forth in this Article.
19-21. Definitions.
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14
15
16
17
18
19
20
21
22
23
24
25
*
Administrative waiver:
*
*
A decision
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the Department to allow the
construction of
~
development to be governed
Qy
the County stonnwater
management law in effect as of May
±t
2009.
An
administrative waiver is distinct
from
~
waiver granted under Section 19-25.
Agricultural land management practice:
Those methods or procedures used in
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the cultivation of land in order to further crop and livestock production and
conservation of related soil and water resources.
-0
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EXPEDITED BILL
No. 40-10
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*
Approval:
*
*
A documented action
Qy
the Department after a reVIew to
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determine and acknowledge the sufficiency of submitted material to meet the
requirements of
f!
specified stage in the County's development review process.
Approval does not mean an acknowledgement
Qy
the Department that submitted
material has been received for review.
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*
*
*
Best management practice:
A structural device or non structural practice
designed to temporarily store or treat stormwater runoff to mitigate flooding, reduce
pollution, recharge groundwater, and provide other amenities related to the
management of stormwater runoff.
*
*
*
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Channel protection storage volume:
The volume used to design structural best
management practices to control stream channel erosion.
Concept plan:
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*
*
*
The first of
2.
required plan approvals that includes the
*
*
information necessary to allow an initial evaluation of
f!
proposed project.
*
46
Design Manual:
The [applicable] 2000 Maryland Stormwater Design Manual.,
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revised from time to time, which serves as the official guide for stormwater
management principles, methods, and practices in Maryland.
*
*
*
Drainage area:
That areal, which is enclosed by a ridge line,] that contributes
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runoff to a single point, measured in a horizontal plane.
Environmental site design
or
ESD:
Using small-scale stormwater management
practices, nonstructural techniques, and better site planning to mimic natural
hydrologic runoff characteristics and minimize the impact of development on water
resources. Methods for designing ESD practices are specified in the Design Manual
.cD
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EXPEDITED BILL
No. 40-10
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*
*
*
Final project approval:
Approval of the final stormwater management plan
and erosion and sediment control plan required to construct
f1
project's stormwater
management facilities.
Final project approval also includes securing bonding or
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financing for final development plans if either is required as
£!
prerequisite for
approval.
Final stormwater management design plan:
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The last of
1
required plan
approvals that includes the information necessary to allow all approvals and permits
to be issued
Qy
the appropriate authority.
*
Impervious area:
*
*
Any surface that prevents or significantly impedes the
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infiltration of water into the underlying soil, including structures, buildings, patios,
decks, sidewalks, compacted gravel, pavement, asphalt, concrete, stone, brick, tile,
swimming pools, and artificial turf. Impervious surface also includes all areas used
Qy
or for motor vehicles or heavy commercial equipment, regardless of surface
~
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or material, including roads, road shoulders, driveways, and parking areas.
Infiltration:
The passage or movement of water into the soil surface.
Maximum extent practicable
or
MEP:
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Designing stormwater management
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systems so that all reasonable opportunities for using environmental site design
planning techniques and treatment practices are exhausted and, only where absolutely
necessary,
£!
structural best management practice is implemented.
Nonstructural maintenance:
Grass cutting; removal of litter and debris, tree
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limbs, algae and aquatic plants; tree and shrub trimming and removal; maintenance
of fences; aesthetic improvements such as graffiti removal, and any other
enhancements in and around
£!
stormwater management facility that are not
necessarily essential for ensuring that the facility continues to function properly.
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*
*
*
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EXPEDITED BILL
No.
40-10
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On-site stormwater management:
The design and construction of [a facility]
stonnwater practices to control [all] stonnwater runoff in a development.
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Overbank flood protection volume:
The volume controlled
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structural
practices to prevent an increase in the frequency of out of bank flooding generated
Qy
development.
*
*
*
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Planning techniques:
A combination of strategies employed early in project
design to reduce the impact from development and to incorporate natural features
into
f!
stonnwater management plan.
*
Preliminary project approval:
*
*
An
approval as part of the Department's
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preliminary development or planning review process that includes, at
f!
minimum:
fill
(hl
if.)
the number of planned dwelling units or lots;
the proposed project density;
the proposed size and location of all land uses for the project;
f!
plan that identifies:
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@
ill
ill
ill
the proposed drainage patterns;
the location of all points of discharge from the site; and
the
~
location, and size of all stonnwater management
based
on
site-specific
stonnwater
management
measures
requirement computations; and
liD
any other infonnation required
Qy
the Department, including:
ill
ill
the proposed alignment, location, and construction
~
and
standard for all roads, access ways, and areas of vehicular traffic;
f!
demonstration that the methods
Qy
which the development will
be supplied with water and wastewater service are adequate; and
Q
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ExPEDITED BILL
No. 40-10
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ill
the size,
~
and general location of all proposed wastewater
and water system infrastructure.
*
(a)
(b)
*
*
Redevelopment:
Any construction, alteration, or improvement [which] that:
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exceeds or equals 5,000 square feet ofland disturbance; and
is performed on a site where the existing land use is commercial,
industrial, institutional, or multifamily residential and existing
imperviousness is greater than 40 percent.
*
*
*
Site development stormwater management plan:
The second of
~
required
plan approvals that include information necessary to allow detailed evaluation of
£!
proposed project.
Stabilization:
the prevention of soil movement.!2y any of various vegetative or
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structural means.
Stormwater:
[That precipitation which travels over natural, altered, or
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impervious surfaces to the nearest stream, channel, conduit, or impoundment and
appears in surface waters. Stormwater also includes snow melt] Water that originates
from
£!
precipitation event.
Stormwater management:
The collection, conveyance, storage, treatment, and
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control of stormwater [runoff] as needed to reduce accelerated channel erOSIOn,
increased flood damages, or water pollution.
Stormwater management facility:
An
infiltration device, [vegetative filter,]
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filtering device, storm water pond, stormwater wetland, hydrodynamic structure,
[channel, pipe, weir, orifice, or combination of those measures,] or other best
management practice designed and constructed to control stormwater [runoff] to
reduce accelerated stream channel erosion and pollution of surface waters.
A
CD
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ExPEDITED BILL
No. 40-10
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stonnwater management facility does not include environmental site design practices
or any nonstructural stonnwater management system.
*
*
*
Storm water management system:
Natural areas, environmental site design
practices, stonnwater management measures, and any structure through which
stonnwater flows, infiltrates, or discharges from g site.
Structural
maintenance:
The
inspection,
construction,
reconstruction,
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modification,
[or]
repair.1 and cleaning of any part of a stonnwater management
facility undertaken to assure that the facility remains in the proper working condition
to serve its intended purpose and prevent [structural] failure. Structural maintenance
does not include landscaping, grass cutting, or trash removal.
*
19-21A. Grandfathering.
*
*
W
The Director may, for good cause shown, grant an administrative
waiver to g development that received g preliminary project approval
before May
~
2010. Administrative waivers expire as provided under
subsection
®
and may be extended as provided under subsection @
(hl
Expiration of an administrative waiver.
ill
Except as provided in subsection
must expire on:
~
an administrative waiver
®
@)
May
~
2013, if the development does not receive final
project approval before that date; or
May
~
2017, if the development receives final project
approval before May
~
2013.
ill
All construction authorized under an administrative waiver must
be completed by:
®
May~2017;
or
o
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EXPEDITED BILL NO. 40-10
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.au
!£)
if the Waiver is extended under subsection
expiration date of the waiver extension.
!f1
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the
Extension of an administrative waiver.
ill
ill
Except as provided in paragraph
must not be extended.
m
an administrative waiver
iL
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May
:h
An
administrative waiver may only be extended
2010 the development:
(A)
received g preliminary project approval; and
was subject to g development rights and responsibilities
agreement or g tax increment financing approval.
.au
ill
An
administrative waiver extended under paragraph
ill
expires
when the development rights and responsibilities agreement, the
tax increment financing approval, or the annexation agreement
expIres.
19-22. Watershed management plans.
(a)
The Department of Environmental Protection, in cooperation with the
Department, the Board, and other appropriate agencies, may develop
watershed management plans to implement stormwater management
policies that apply individually to specific watersheds in the County.
Each watershed management plan should:
*
(5)
*
*
specify the types of [quantitative] stormwater management,
stream restoration and wetlands protection practices to be
implemented;
*
(7)
*
*
specify where the [Department] Director may grant waivers of
on-site stormwater management controls;
@
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EXPEDITED BILL
No. 40-10
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*
19-23. Stormwater mana2ement measures.
*
*
ill
An
applicant must use the ESD planning techniques and practices and
structural stormwater management measures established in this Article
and the Design Manual, either alone or in combination, in
~
stormwater
management plan.
An
applicant must demonstrate that environmental
site design has been implemented to the maximum extent practicable
before the use of
~
structural best management practice is considered in
developing the stormwater management plan.
®
ESD planning techniques andpractices.
ill
An
applicant must
~
the following planning techniques
according to the Design Manual to satisfy the on-site stormwater
management requirements of Section 19-25:
preserve and protect natural resources;
conserve natural drainage patterns;
mInImIZe ImpervIOUS area;
reduce runoffvolume;
use ESD practices to maintain 100% of the average annual
predevelopment groundwater recharge volume for the site;
(D
.
.
use green roofs, permeable pavement, reinforced turf, and
other alternative surfaces;
(Q)
limit soil disturbance, mass grading, and compaction;
cluster development; and
any practice approved
Qy
the Administration.
211
(H)
212
213
ill
ill
An
applicant must design the following ESD treatment practices
214
215
according to the Design Manual to satisfy the on-site stormwater
management requirements of Section 19-25:
@
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EXPEDITED BILL
No. 40-10
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®
disconnection of rooftop runoff;
disconnection of nonrooftop runoff;
sheetflow to conservation areas;
rainwater harvesting;
submerged gravel wetlands;
landscape infiltration;
infiltration berms;
.cru
(g
(D)
an
ill
(Q)
(H)
Qry
wells;
micro-bioretention;
rain gardens;
swales;
enhanced filters; and
any practice approved
Qy
the Administration.
ill
ill
(K)
W
(M)
ill
The use of ESD planning techniques and treatment practices
specified in this Section must not conflict with existing State or
County laws.
!£l
Structural storm water management measures.
ill
An
applicant must design the following structural stormwater
management practices according to the Design Manual to satisfy
the on-site stormwater management requirements of Section 19­
25:
®
stormwater management ponds;
stormwater management wetlands;
stormwater management infiltration;
stormwater management filtering systems; and
stormwater management open channel systems.
.cru
(g
(D)
an
®
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EXPEDITED BILL
No. 40-10
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ill
An
applicant must consider the performance criteria specified in
the Design Manual with regard to general feasibility, conveyance,
pretreatment,
landscaping,
treatment
and
and
geometry,
when
environment
selecting
and
maintenance
structural
stormwater management practices.
ill
An applicant must select structural stormwater management
practices to accommodate the unique hydrologic or geologic
regions of the County.
@
An applicant may use alternative ESD planning techniques and
treatment practices and structural storm water management measures for
new development runoff control if they meet the performance criteria
established in the Design Manual and are approved
.Qy
the
Administration.
Practices used for redevelopment projects must be
approved
.Qy
the Department.
W
For purposes of modifying the on-site storm water control requirements
or design criteria, the applicant must submit to the Department an
analysis of the impacts of stormwater Hows downstream in the
watershed.
The analysis must include hydrologic and hydraulic
calculations necessary to determine the impact of hydro graph timing
modifications of the proposed development upon
~
dam, highway,
structure, or natural point of restricted streamHow, established with the
Department's concurrence, downstream of the first downstream
tributary whose drainage area equals or exceeds the contributing area to
the project or stormwater management facility.
19-23A. Specific design criteria.
®
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ExPEDITED BILL
No. 40-10
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The basic design criteria, methodologies, and construction specifications,
subject to the approval of the Department and the Administration, must be those of
the Design ManuaL
[19-23]19-24. Review and approval
of stormwater
management plans.
(a)
Concept plan.
Before the Board may approve a preliminary plan of
subdivision, an applicant must submit a stormwater management and
sediment control concept plan to the Department for review and
approval.
[If
a preliminary plan of subdivision or site plan is not
required, the applicant must submit a stormwater management concept
plan to the Department for review and approval before submitting an
application for a sediment control permit.]
concept approval
must provide
All plans submitted for
for
the
sufficient information
Department to make an initial assessment of the proposed project and
determine whether stormwater management can be provided according
to this Article and the Design Manual. Each concept plan is subject to
the following conditions and requirements:
ill
A natural resources inventory must be reviewed and approved
Qy
the Department or the Board before the applicant submits
!!:
concept plan as required under this Section.
[(1
)](2) The plan must indicate how the stormwater management and
sediment control criteria will be applied to each proposed
development or redevelopment project.
The Department may
require a plan to analyze the downstream effects of any proposed
development or redevelopment project. [The plan must indicate
how the development will minimize any interference with or
addition to the current flow of water onto adjacent properties.
The
applicant
may
include
structural
and
non structural
@
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stormwater management-revisionslbill 1a.doc
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EXPEDITED BILL No.
40-10
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stormwater management measures in the plan.]
The design
criteria and methodologies used in developing the plan must be
consistent with criteria specified in the Design Manual and any
other criteria established by regulation.
ill
The plan must describe how environmental site design practices
will be implemented to the maximum extent practicable and
provide for use of structural best management practices only
where the applicant is able to demonstrate to the Director's
satisfaction that environmental site design or other nonstructural
best management practices are not
~
viable option.
ill
The plan must include the following:
fA}
~
map at
~
scale specified
Qy
the Department showing site
location, existing natural features, water and other sensitive
resources, topography, and natural drainage patterns;
ill)
the anticipated location of all proposed impervious areas,
buildings, roadways, parking, sidewalks, utilities, and
other site improvements;
(Q
the location of the proposed limit of disturbance, erodible
soils, steep slopes, and areas to be protected during
construction;
314
315
316
317
318
319
320
(D)
preliminary
estimates
of
stormwater
management
requirements, the selection and location of ESD practices
to be used, and the location of all points of discharge from
the site; and
®
any other information the Director requires.
[(2)]ill
Any stormwater management plan must be consistent with any
watershed
management
plan
that
the
Department
of
.@
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EXPEDITED BILL
No.
40-10
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Environmental Protection has approved or any flood management
plan that the [Maryland Department of the Environment]
Administration has approved involving the site of the proposed
development or redevelopment project.
[(3)]® The Department must refer the concept plan [back] to the
Department of Environmental Protection, the Department of
Transportation, and the Board for comment before approving the
plan [if the Board so requests].
[(4)
The Department may require incrementally more specific
submittals at each stage of the approval process for a project
which requires site plan or development plan review.]
(hl
Site development stormwater management plan.
Before the Board may
approve
~
site plan, the applicant must submit
~
site development
stormwater management plan to the Department for review and
approval. The applicant may combine the site development stormwater
management plans with the concept plans required under subsection
(ill
if acceptable to the Director.
Any site development stormwater
management plan submitted for review and approval must include the
following:
ill
all information provided during the concept plan review phase;
final site layout, exact impervious area locations and acreages,
proposed topography, delineated drainage areas at all points of
discharge from the site, and stormwater volume computations for
ESD practices and structural measures;
m
ill
~
proposed erosion and sediment control plan that contains the
construction sequence, any phasing necessary to limit earth
disturbances and impacts to natural resources, and an overlay
~)
f":i"
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EXPEDITED BILL
No. 40-10
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plan showing the
~
and locations of ESD and erosion and
sediment control practices to be used;
(±)
£
narrative that supports the site development design, describes
how ESD will be used to meet the minimum control
requirements, and justifies any proposed structural stormwater
management measure; and
ill
ill
any other information the Director requires.
[(b
)](c)
Final stormwater management [Design] designplan.
Any person required under this Chapter to obtain a sediment
control permit must include a final stormwater management
design plan as part of the permit application.
The final
stormwater management design plan must conform to both the
concept plan and site development stormwater management
[concept] plan and serve as the basis for all later construction.
[All construction specifications must adhere to the requirements
in the Design Manual and any applicable regulations.]
The
applicant must submit
£
final stormwater management design
plan for approval in the form of construction drawings
accompanied
Qy
£
report that includes sufficient information to
evaluate the effectiveness of the proposed runoff control design.
The applicant must also submit
£
final erosion and sediment
control plan under Section 26.17.01.05 of the Maryland Code of
Regulations, as amended.
Any plan submitted under this
371
372
373
paragraph must meet all of the requirements of the Design
Manual.
ill
Any report submitted for final stormwater management design
plan approval must include, but is not limited to:
374
®
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EXPEDITED BILL No.
40-10
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
.cAl
geotechnical investigations including soil maps, borings,
site-specific
information
recommendations,
necessary
for
and
the
any
final
additional
stormwater
management design;
an
~
drainage area map depicting predevelopment and post­
development runoff flow path segmentation and land use;
(g
hydrologic computations of the applicable ESD and
unified sizing criteria according to the Design Manual for
all points of discharge from the site;
@
hydraulic and structural computations for all ESD practices
and structural stormwater management measures to be
used; and
.em
ill
~
narrative that supports the final stormwater management
design.
Construction
drawings
submitted
for
final
stormwater
management design plan approval must include, but are not
limited to:
(A)
~
vicinity map;
an
existing and proposed topography and any proposed
drainage area, including any area necessary to determine
downstream
analysis
for
the
proposed
stormwater
management facilities;
(g
any proposed improvement, including the location of any
398
399
building or other structure, impervious surface, storm
drainage facility, and all grading;
400
401
@
the location of any existing and proposed structure;
any easement and right-of-way;
.em
-@
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EXPEDITED BILL No.
40-10
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
.eEl
(G)
the delineation, if applicable, of the lOO-year floodplain
and anyon-site wetlands;
structural and construction details including representative
cross sections for all components of the proposed drainage
system or systems and stormwater management facilities;
ill)
all necessary construction specifications;
~
ill
ill
(K)
sequence of construction;
data for total site area, disturbed area, new impervious
area, and total impervious area;
~
table showing the ESD and unified sIzmg criteria
volumes required in the Design Manual;
OJ
(M)
~
table of materials to be used for stormwater management
facility planting;
all soil boring logs and locations;
an inspection and maintenance schedule;
certification
hy
the owner/developer that all stonnwater
management construction will be done according to this
plan; and
ilil
(Q}
®
ill
an as-built certification signature block to be executed after
project completion.
The maintenance schedule required under this Section must cover
the life of any structural stormwater management facility or
system of ESD practices and must specify the maintenance to be
completed, the time period for completion, and the responsible
lli!r!Y
that will perform the maintenance.
management plan.
~\
~
The maintenance
schedule must be printed on the approved final stormwater
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EXPEDITED BILL
No.
40-10
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
[(c)]@
Plan preparation.
The Director may require the stormwater
management concept;. site development stormwater management and
final stormwater management and design plans to be prepared by a
professional engineer, professional land surveyor, registered architect or
landscape architect licensed in Maryland, or any other individual whose
qualifications are acceptable to the Department. If a stormwater best
management practice requires either a dam safety permit from the
[Maryland Department of the Environment] Administration or a small
pond approval from the District, the Director must require the design
plan to be prepared by a professional engineer licensed by the State of·
Maryland.
W
If
~
stormwater management plan involves direction of some or all
runoff off of the site,
it
is the developer's responsibility to obtain from
any adjacent property owner any easement or other necessary property
interest concerning water flow. Approval of
~
stormwater management
plan does not create or affect any right to direct runoff onto adjacent
property without that property owner's permission.
[19-24] 19-25. On-site requirements; County participation; waivers.
(a)
On-site stormwater management.
ill
A person that receives [a building permit or] a sediment control
permit must provide on-site stormwater management unless the
Director waives this requirement.
ill
The Director may waive the on-site stormwater management
requirement if the Director finds that:
CA) . environmental site design has been implemented to the
maximum extent practicable and stormwater from the site
is safely conveyed to
~
Department approved off-site
®
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EXPEDITED BILL
No. 40-10
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
(ill
facility that has been constructed to provide stormwater
management for the site; or
on-site stormwater management
applicable State law.
IS
not required under
ill
The use ofESD planning techniques and treatment practices must
be exhausted to the maximum extent practicable under the
Design Manual before any structural best management practice
may be implemented.
A stormwater management plan for
f!
development project subject to this Article must be designed
using the ESD sizing criteria, recharge volume, water quality
volume, and channel protection storage volume criteria according
to the Design Manual. The MEP standard is met when channel
stability is maintained, predevelopment groundwater recharge is
replicated, nonpoint source pollution is minimized, and structural
stormwater management practices are used only if determined to
be absolutely necessary.
*
(c)
*
*
Waiver.
(1)
An
applicant seeking a WaIver of anyon-site storm water
management requirement must submit a request to the
Department in writing in a form acceptable to the Director. [The
applicant must submit a separate written request for each later
addition, extension, or modification to a development that has
received a waiver.]
ill
A request for quantitative stormwater control waIvers must
contain sufficient descriptions,
drawings,
and any
other
information that is necessary to demonstrate that environmental
®
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EXPEDITED BILL
No. 40-10
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
site design has been implemented to the maximum extent
practicable. The applicant must submit
~
separate written request
for each later addition, extension, or modification to
~
development that has received
~
waiver.
ill
Except as provided in paragraph
(11
stormwater management
qualitative control waivers
~
only to:
(A)
an infill development project where environmental site
design is not feasible;
LID
(Q)
~
redevelopment project if the applicable requirements of
this Article are satisfied; or
~
site where the Director determines that circumstances·
exist that prevent the reasonable implementation of
environmental site design.
(±)
The Director may grant
~
stormwater management quantitative
and qualitative control waiver for
~
phased development project if
~
system designed to meet the 2000 regulatory requirements
under State and County law for multiple phases was constructed
by May
~
2010. If the 2009 regulatory requirements cannot be
met for future phases constructed after May
~
2010, the applicant
must
demonstrate
all
reasonable
efforts
to
incorporate
501
502
503
504
505
environmental site design in future phases.
[(2)]Q.LThe Director may grant a waiver if the applicant shows that
existing physical conditions prevent full compliance with any on­
site stormwater management requirement.
However, the
506
507
applicant must still demonstrate that environmental site design
has been implemented to the maximum extent practicable.
508
@
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ExPEDITED BILL
No. 40-10
509
510
511
[(3)](QLlf a site is an infill development or redevelopment site, the
Director may waive channel protection requirements[,] if all
reasonable options for implementing environmental site design to
the maximum extent practicable have been exhausted, and:
(A)
the planned development or redevelopment project will not
increase the impervious surface area on the site; or
(B)
runoff from the site will drain through an adequately-sized
existing improved storm drain system before discharging
into a natural stream channel, without adversely affecting
the receiving channel, and the discharge to the storm drain
system will not increase erosion in the receiving waters.
[(4)
The Director may also waive channel protection requirements if:
(A)
an off-site facility was designed and constructed to provide
the necessary runoff controls for the site; and
(B)
the facility's design assures non-erosive conveyance of
runoff from the site to the facility.]
[(5)][Z) The Director [may] must not grant a waiver [only if] unless:
(A)
the applicant satisfies criteria established by regulation;
and
(B)
the waiver is consistent with an applicable watershed
management
plan~
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
if any, prepared
.Qy
the applicant and
approved by the Department of Environmental Protection.
[(6)]([} The Director may grant each waiver only on a case-by-case
basis. The Director must consider the cumulative effects of all
waivers granted in a drainage area or watershed. The waiver
must reasonably ensure that the proposed development will not
adversely impact stream quality.
®
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EXPEDITED BILL
No. 40-10
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
[(7)]{2} When a waIver IS granted, the Director must require the
applicant to:
(A)
(B)
provide a monetary contribution;
grant an easement or dedicate land for the County to
construct a stormwater management facility; or
(C)
take specific stream or wetland restoration measures.
[19-25] 19-26. Contributions, dedications, and stream restoration.
*
(c)
*
*
Stream and wetlands restoration measures.
[The]
For redevelopment
only, the Department may allow an applicant to construct stream or
wetland
restoration
measures
instead
of [on-site
storm water
management controls] monetary contributions or dedications if:
(1)
the Director of Permitting Services and the Director of
Environmental Protection both find that it is in the County's best
interest for the applicant to provide stream or wetland restoration
measures; and
(2)
the estimated cost of the stream or wetland restoration measures
do not exceed the estimated cost of on-site storrnwater
management controls that the applicant would otherwise be
required to [construct] provide for new development.
[19-26]19-27. Stormwater management design criteria.
(a)
[Each applicant must use recharge volume, water quality volume, and
channel protection storage volume sizing criteria to design a storrnwater
management facility for new development as required by the Design
Manual and any applicable regulation. Each applicant must also use
water quality volume and channel protection storage criteria for any
redevelopment project.] Unless otherwise indicated, redevelopment is
®
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040
stormwater management-revisions\bill1 a.doc
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EXPEDITED BILL
No. 40-10
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
subject to the same requirements that are applicable to new development
under this Article.
non structural
Each applicant must use planning techniques,
and
design
methods
to
implement
The use of
practices,
environmental site design to the 11EP standard.
environmental site design must be exhausted before structural best
management practices are used. Stormwater management plans must be
designed using ESD sizing criteria, recharge volume, water quality
volume, and channel protection storage volume sizing criteria according
to the Design Manual and any applicable regulation.
If
the Department
finds that historical flooding problems exist at the site of a new
development or redevelopment project, the Director may require the use
of overbank flood protection volume [and],. extreme flood volume
criteria.,. or both.
(b)
[The Director may reduce the minimum control requirements if the
applicant incorporates nonstructural stormwater management measures
into the site design plans in accordance with the Design Manual and any
applicable regulations.]
alternative
requirements
stormwater
in
For redevelopment, the applicant may use
management
measures
to
satisfy
the
subsection
(ill
if the
applicant
satisfactorily
demonstrates to the Director that impervious area reduction and
environmental site design have been implemented to the maximum
extent practicable.
The use of environmental site design for
redevelopment projects must not reduce the density established under
the County Zoning Code, master plans, and sector plans. Alternative
stormwater management measures include, but are not limited to:
ill
an on-site structural best management practice;
@
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EXPEDITED BILL
No. 40-10
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
ill
ill
an off-site structural best management practice to provide water
quality treatment; or
~
combination of impervious area reduction, environmental site
design implementation, and an on-site or off-site structural best
management practice within the limit of disturbance.
[(c)
The applicant may use alternative structural and non structural practices
to satisfY water quality volume requirements if the Director finds that
those practices satisfY the criteria in the Design Manual and any
additional criteria established by regulation.
The Department must
approve any alternative practice used for either a new development or
redevelopment project.
The Administration must also approve any
alternative practice used for a new development project.]
[19-27] 19-28. Financial security.
(a)
Required.
(1)
Before ISSUIng a [building] sediment control permit for a
development which requires a stormwater management [facility]
system, the Director must require the applicant or owner to
furnish a performance or cash bond, irrevocable letter of credit,
certificate of guarantee, or other instrument from a financial
institution or issuing person satisfactory to the Director and the
County Attorney, for construction of the on-site stormwater
management [facility] system in an amount equal to the estimated
cost ofthe construction.
*
(3)
*
*
The bond, letter of credit, certificate of guarantee, or other
instrument must be conditioned on the faithful performance of the
terms and conditions of an approved stormwater management
.@)..
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ExPEDITED BILL
No. 40-10
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
plan and construction of the [facility] system as provided in that
plan and under this Article. The bond, letter of credit, certificate
of guarantee, or other instrument must inure to the benefit of the
County if the applicant or owner does not comply with the
conditions of the bond, letter of credit, certificate of guarantee, or
other instrument.
(b)
Release.
(1)
The Director must not release a bond, letter of credit, certificate
of guarantee, or other instrument until the [Department, after a
final inspection,] applicant has [found] submitted "as-built" plans
and the Department has issued
£!
certification of completion based
on the Director's finding, after having performed
£!
final
inspection, that the stormwater management [facility] system
complies with the approved plan and this Article.
(2)
The Department may agree with an applicant regarding the stages
of the work to be done on the [facility] system. After completing
each stage, the applicant must notify the Department that the
applicant is ready for an inspection and, after the Director
certifies that the applicant has completed that stage of work under
the approved plan and this Article, the Director may reduce the
bond, letter of credit, certificate of guarantee, or other instrument
pro rata, or may direct the Director of Finance to refund to the
applicant a prorated share of the amount that the applicant
deposited with the County.
*
[facilities] systems.
*
*
[19-28] 19-29. Inspection and maintenance of stormwater management
®
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1040
stormwater management-revisions\bill 1a.doc
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EXPEDITED BILL
No. 40-10
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
(a)
Installation inspections.
(1)
The [Department] Director, or [an individual]
f!
person designated
l2Y
the applicant that is also qualified and approved by the
Department to supervise construction, must inspect each
[stormwater]
best
management
[facility]
practice
under
construction as needed to certify the [facility's] system's
compliance with approved plans. The inspector must conduct
each inspection as provided in a checklist or in any other manner
that the Department has approved for each type of storm water
management [facility] system.
The inspector must prepare a
written inspection report that includes the following information:
(A)
(B)
the date and location of the inspection;
whether construction [complied]
complies with the
approved stormwater management plan;
(C)
any variation from approved construction specifications;
and
(D)
any violations of law or regulations that the inspector
observes.
(2)
The Department must notify the applicant in writing if the
inspector observes any violations of this Article during the
inspection. The written notice must describe the nature of the
violation and prescribe any corrective action needed.
(3)
Construction work on a stormwater management [facility] system
must not proceed until the Department:
(A)
inspects and approves the work previously completed or
the plans and certifications previously submitted; and
®
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EXPEDITED BILL
No. 40-10
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
(B)
furnishes the inspection reports to the applicant after each
inspection.
!±)
Once construction is complete, the applicant must submit as-built
plan certification to the Department to ensure that ESD planning
techniques, treatment practices, and structural stonnwater
management measures and conveyance systems comply with the
specifications contained in approved plans. At
£!
minimum, as­
built certification must include
£!
set of drawings comparing the
approved
stonnwater management
plan with what was
constructed. The Director may require additional infonnation if
needed.
W
All as-built plans submitted to the Department under this
subsection must be prepared
Qy
£!
design professional or other
person qualified and approved
Qy
the Department.
[(b)
Inspection and maintenance of off-site facilities.
The Department of
Environmental Protection must inspect and approve each off-site stonnwater
management facility for acceptance for County maintenance. After a facility is
accepted, the Department of Environmental Protection must inspect each
underground facility at least once each year and each above-ground facility at least
once every 3 years, and must maintain each accepted facility in good working
condition.]
[(c)](hl [Inspection and maintenance] Maintenance of new [on-site facilities]
stormwater management systems.
692
693
694
695
(1)
Before issuing a [building] sediment control pennit to develop
any property that requires [an on-site stonnwater management
facility] implementation of best management practices, the
Department must reqUlre the property owner to execute an
-@
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ExPEDITED BILL
No. 40-10
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
easement and an inspection and maintenance agreement that is
binding on all [later] subsequent owners of the land to be served
Qy
any private stormwater management system.
(2)
The easement [and agreement] must give the County a perpetual
right of access to the [facility] storm water management system at
all reasonable times, to inspect, operate, monitor, install,
construct, reconstruct, modifY, maintain, clean, or repair any part
of the storm water management [facility] system within the area
covered
Qy
the easement as needed to assure that the [facility]
system remains in proper working condition under approved
design and environmental standards.
The inspection and
maintenance agreement must require the owner to be responsible
for all maintenance of any completed ESD treatment system and
nonstructural maintenance of [the] anyon-site stormwater
management facility if the development consists of residential
property or associated nonresidential property. Otherwise, the
inspection and maintenance agreement must require the owner to
be responsible for all maintenance of the [facility] entire on-site
stormwater
management
system,
including
[structural
712
713
714
715
716
717
718
719
720
721
maintenance] maintaining in good condition, and promptly
repairing and restoring, all ESD practices, grade surfaces, walls,
drains, dams and structures, vegetation, erosion and sediment
control measures, and other protective devices in perpetuity.
*
(5)
*
*
[The Department of Environmental Protection must inspect each
County- maintained underground facility at least once every year
and each County-maintained above-ground facility at least once
722
@
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EXPEDITED BILL
No. 40-10
723
724
725
726
727
728
every 3 years.] Any repaIr or restoration and maintenance
perfonned under this Section must be in accordance with
previously approved or newly submitted plans and any
reasonable corrective measure specified
Qy
the Director of
Environmental Protection.
[(d)]
W
[Inspection and maintenance] Maintenance of existing [on-site]
stormwater managementfacilities.
(1)
The owner of [an on-site]
f!
stonnwater management facility that
is not subject to subsection [(c)]
(hl
must perfonn all structural
maintenance needed to keep the facility in [property] proper
working condition.
The owner of a residential property or
729
730
731
732
733
734
735
736
associated nonresidential property, or a homeowners' association
[which] that includes the residential property, may execute a
stonnwater management easement granting the County a
perpetual right of access to inspect, operate, monitor, install,
construct, reconstruct, modify, maintain, clean, or repair any part
of the stonnwater management facility within the easement as
needed to assure that the facility remains in proper working
condition under approved design standards.
(2)
If the owner of a stonnwater management facility grants a
stonnwater management easement to the County, the owner must
make any structural repairs needed to place the facility in proper
working condition, as detennined by the Department of
Environmental Protection, before the County enters into an
inspection and maintenance agreement with the owner that
obligates the County to assume responsibility for structural
maintenance of the facility. After the owner and the County have
737
738
739
740
741
742
743
744
745
746
747
748
749
-@-
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EXPEDITED BILL
No. 40-10
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772
773
774
775
776
agreed that the County will assume responsibility for structural
maintenance of the facility, the owner must record in the County
land records the easement and any other agreements executed in
conjunction with the easement that are binding on later owners of
the land.
The owner must deliver a certified copy of each
recorded document to the Department of Environmental
Protection.
(3)
After the Department of Environmental Protection receIves a
certified copy of the easement and agreements, the County must
structurally maintain and inspect the facility as provided in
subsection [c] {hl.
[(e)
Abandonment instead of repair.] @
Maintenance inspections.
ill
The Department of Environmental Protection must [inspect each]
ensure preventive maintenance through inspection of all
stormwater management [facility to see what repairs, if any, are
needed to restore the facility to proper working condition. If the
Director of Environmental Protection finds that the stormwater
management facility is no longer needed to control stormwater
runoff or that the benefits of a repaired stormwater management
facility are not justified by the cost of repair, the owner of the
stormwater management facility must abandon the use of the
facility for stormwater functions as the Director of Environmental
Protection orders. Any order issued under this subsection must
not restrict the facility from being used for recreational or other
purposes not related to stormwater control.] systems.
The
inspection must occur during the first year of operation and then
at least once every
J.
years.
@).
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EXPEDITED BILL No.
40-10
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
793
794
795
796
797
798
799
800
801
802
803
ill
Inspection reports must be maintained
Qy
the Department of
Environmental Protection for all stormwater management
systems and must include the following:
(A)
the date of inspection;
name of inspector;
the condition of:
.au
(Q
ill
(ii)
(iii)
(iv)
(y)
(vi)
vegetation or filter media;
fences or other safety devices;
spillways, valves, or other control structures;
embankments, slopes, and safety benches;
reservoir or treatment areas;
inlet and outlet channels or structures;
(vii) underground drainage;
(viii) sediment and debris accumulation in storage and
forebay areas;
(ix)
any nonstructural practices to the extent practicable;
and
00
(D)
any other item that could affect the proper function
ofthe stormwater management system; and
description of needed maintenance.
ill
The owner of any privately maintained stormwater management
system must correct the deficiencies discovered during the
inspection within the time period specified in any written notice
issued
Qy
the Director of Environmental Protection.
W
Abandonment instead
gf
repair.
If the Director of Environmental
Protection finds that the stormwater management facility is no longer
needed to control stormwater runoff or that the benefits of g repaired
®
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EXPEDITED BILL
No. 40-10
804
805
806
807
808
809
810
811
812
813
stonnwater management facility are not justified
Qy
the cost of repair,
the owner of the stonnwater management facility must abandon the use
of the facility for stonnwater functions as the Director of Environmental
Protection orders. Any order issued under this subsection must not
restrict the facility from being used for recreational or other purposes
not related to stonnwater controL
(t)
Nonstructural maintenance of [on-site] stormwater management
facilities.
The owner of [an on-site]
f!:
stonnwater management facility
must [provide landscaping and] perfonn [any other] routine inspection
and nonstructural maintenance that impacts the effectiveness of routine
structural maintenance, perfonned either privately or publicly. Among
other actions, the owner must:
(1)
prevent the accumulation of solid waste on the property and the
generalized growth of weeds or plants in violation of Section 58­
3;
814
815
816
817
818
819
820
821
822
823
824
825
826
827
828
829
830
(2)
clear any woody vegetation, including trees and brush along with
their root systems, within 25 feet of the facility's control structure
and within 15 feet of an upstream or downstream dam
embankrnent;and
(3)
abate any other condition on the property that the Department of
Environmental Protection reasonably finds may adversely affect
the facility's proper functioning.
*
(h)
*
*
Stop work orders.
ill
If
f!
maintenance inspection reveals that the maintenance, repair,
or restoration of
f!
stonnwater management facility is being
perfonned in
f!
manner that is hazardous, creates
f!
nuisance, or
@+
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EXPEDITED BILL
No. 40-10
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endangers human life or the property of others, or is otherwise
being prefonned in an unauthorized manner, the Director of
Environmental Protection may, without advance warning, post
the site with
~
stop work order directing that all maintenance,
repair, or restoration activity cease immediately.
m
The Director of Environmental Protection must provide written
notice to the property owner, any designated representative of the
property owner, or anyon-site person in charge of the work when
~
stop work order is issued. That notice must specifY the extent
to which work is stopped and the conditions under which work
may resume.
ill
A person must not continue, or allow the continuance
Q£.
work on
~
stonnwater management facility covered
by
~
stop work order,
except for work necessary to abate the nuisance, or hazardous
conditions as identified
by
the Director.
ill
Emergency authority.
If,
after
inspection,
the
Director
of
Environmental Protection finds that the condition of a privately
maintained stonnwater management facility presents an immediate
danger to the public health or safety because of an unsafe
improper construction, or poor maintenance,
condition~
[or]
the Director of
Environmental Protection may take needed actions to protect the public
and make the facility safe, including entering the property to make
needed repairs. The County must assess any costs incurred as a result of
the Director of Environmental Protection's actions against each owner
of the facility. The County may collect the costs in the same manner as
real property taxes are collected against the property where the facility
~-
;:;~\
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EXPEDITED BILL
No. 40-10
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882
is located. In addition, the County may seek reimbursement under any
other method legally available to collect debts owned to the County.
[19-29.] 19-30. Stormwater management loan program.
*
[19-30.] 19-31. Regulations.
*
*
*
*
[19-31.] 19-32. Exemptions.
The following development activities are exempt from the stormwater
management requirements under this Article:
(a)
agricultural land management [activities] practices;
*
*
*
[19-32] 19-33. Transition for approved plans.
Each new development or redevelopment project must comply with this
Article, except [that:
(a)
A previously approved] when the Department issues final sediment
control and stormwater management [concept] design plan [remains
valid if the Department issues a sediment control permit] approval for
the property covered by the plan before [July 1, 2003. The applicant
must construct the stormwater management system within 2 years after
the Department issues the sediment control permit.
(b)
A residential lot containing 2 or more acres is exempt from anyon-site
stormwater management requirement if the preliminary plan creating
the lot was approved before July 1, 2002 and the Department issues the
sediment control permit before July 1,2003.] May
~
2010.
[19-33] 19-34. Agreements between the County and municipalities.
*
*
*
@
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EXPEDITED BILL
No.
40-10
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903
(c)
If a municipality operates a stormwater management program that
serves substantially the entire municipality and meets all applicable
federal and [state] State standards, the County must reimburse the
municipality, subject to appropriation, for the cost of operating the
program, limited to the amount the Director of Environmental
Protection estimates the County would spend for that municipality if it
were operating the program, by means of a cooperative agreement under
subsection (b).
[19-34. Reserved.]
19-35. Water Quality Protection Charge.
(a)
As authorized by [state] State law (Maryland Code, Environment
Art.,
§
4-204), the Director of Finance must annually impose and collect a
Water Quality Protection Charge, as provided in this Section.
The
Director must collect the Charge in the same manner as County real
property taxes, apply the same interest, penalties, and other remedies
(including tax sale) if the Charge is not paid, and generally treat the
Charge for collection and administration purposes as if it were a County
real property tax. The Director may treat any unpaid Charge as a lien
on the property to which the charge applies.
(b)
The Charge must be imposed on each residential property and
associated nonresidential property, as specified in regulations adopted
by the Executive under Method (1) to administer this Section. The
regulations may define different classes of real property, depending on
the amount of impervious surface on the property, stormwater runoff
from the property, and other relevant characteristics, for purposes of
applying the [charge] Charge.
904
905
906
907
908
909
*
*
*
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EXPEDITED BILL
No. 40-10
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(e)
The regulations may allow credits against and exemptions from the
Charge:
(1)
to the extent that credits and exemptions are not prohibited by
[state] State law; and
(2)
if each credit or exemption will enhance water quality or
otherwise promote the purposes of this Article.
*
(g)
the County which:
(1)
*
*
This Charge does not apply to any property located in a municipality in
operates a stormwater management program that meets all
applicable federal, [state] State, and County requirements and has
received any necessary federal or [state] State permit; and
(2)
imposes a similar charge or other means of funding its
stormwater management program in that municipality.
(h)
A person that believes that the Director of Environmental Protection has
mistakenly assigned a Charge to the person's property or computed the
Charge incorrectly may apply to the Director of Environmental
Protection in writing for a review of the Charge, and request an
adjustment to correct any error, [within 21 days after receiving a bill
for] not later than September 30 of the year that payment of the Charge
is due.
[If]
An
aggrieved property owner may appeal the Director's
decision to the County Board of Appeals within 10 days after the
Director issues the decision.
ill
A person that believes that the Director of Environmental Protection
[denies any requested adjustment, the applicant may] has incorrectly
denied the person's request [reconsideration of the Director's denial in
writing within 10 days after the date of the denial.
An
aggrieved
®
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ExPEDITED BILL
No. 40-10
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property owner] for
f!
credit under subsection
(Q)
may appeal the
Director's [final] decision to the County Board of Appeals within 10
days after the Director issues the decision.
ill
The Board of Appeals may hear and decide all appeals taken from a
[final] decision of the Director of Environmental Protection under this
[subsection] Section as provided in Article I of Chapter 2A.
Sec. 2. Expedited Effective Date.
The Council declares that this Act is
necessary for the immediate protection of the public interest. This Act takes effect on
the date on which it becomes law.
Approved:
947
Nancy M. Floreen, President, County Council
Date
948
Approved:
949
Isiah Leggett, County Executive
Date
950
This is a correct copy ofCouncil action.
951
Linda M. Lauer, Clerk ofthe Council
Date
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LEGISLATIVE REQUEST REPORT
Expedited Bill 40-10
Stormwater Management
DESCRIPTION:
PROBLEM:
Amends Chapter 19, Article II of the County Code to comply with
the Maryland Stormwater Management Act of 2007
The Stormwater Management Act of2007 requires the use of
environmentally sensitive site design (ESD) to the maximum extent
practicable on development and redevelopment sites and went into
effect on May 4, 2010. ESD encourages more stormwater to be
infiltrated into the ground rather than stored and released slowly.
ESD requires more surface areas to treat storm water.
The County legislation mirrors the requirements in State law and
regulations for new development. Current County requirements are
more stringent than state requirements. This legislation maintains
those more stringent standards. This legislation also includes
provisions for grandfathering which were recently adopted by the
State in emergency regulations.
Department of Permitting Services, Department of Environmental
Protection
To be requested.
To be requested.
To be requested.
To be determined.
Rick Brush, Manager, Water Resources Plan Review, Department of
Permitting Services, 240-777-6343; Steve Shofar, Chief, Division of
Watershed Management, 240-777-7736
To be determined.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Class A
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
lsiah Leggett
County Executive
MEMORANDUM
June 17, 20 lO
TO:
FROM:
SUBJECT:
Nancy Floreen. Council President
Isiah Leggett, County Executiv............_ ­
Proposed Legislation to Comply with the Stormwater Management Act of
2007
I am forwarding to the Council for introduction an Expedited Bill to revise
Chapter 19, Article II of the County Code to comply with State stormwater management
requirements. I am also forwarding a Legislative Request Report for this bill.
The Stormwater Management Act of 2007 (2007 Act), which sets the
minimwn standards that the County law must meet, requires the use ofEnvironmentaIly
Sensitive Site Design (ESD) to the maximum extent practicable (MEP) on new
development and redevelopment sites. The 2007 Act took effect on May 4. 2010. ESD
encourages stormwater to be infiltrated into the ground rather than stored in structural
facilities such as stormwater ponds and released slowly into the environment.
Prior to enactment of the 2007 Act, the County's stonnwater requirements
for new development sites were the same as the State law requirements for new
development sites. This bill maintains that symmetry and adopts the same requirements
for new development that are included in the 2007 Act.
Prior to enactment of the 2007 Act, the County's stormwater management
requirements for redevelopment sites were more stringent than the State law requirements
for redevelopment sites. This bill maintains more stringent requirements for
redevelopment sites than those that are included in the 2007 Act.
In
essence, the bill
applies the same stormwater management requirements to new development and
redevelopment except that it provides more flexibility regarding the use of alternative
stOlmwater management measures for redevelopment sites.
Before enactment of the 2007 Act, the State required stonnwater
management for redevelopment sites to protect Water Quality. Specifically, the State
required management of the first inch of runoff from 20% of a redevelopment site. To
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Council President Floreen
Proposed Legislation
Stonnwater Management
Page 2
protect Water Quality, the 2007 Act requires management of the first inch ofrunoff from
50% of redevelopment site using ESD to the maximum extent practicable. County law
currently requires stonnwater management to protect Water Quality (the first inch ofrun­
off from 100% of the redevelopment site)
and
Channel Protection (the expected runoff
from a I-year 24-hour duration rainfall event from 100% ofa redevelopment site). This
bill maintains the same standards for redevelopment sites and requires the use of ESD to
the maximum extent practicable to meet these standards. The attached chart provides a
comparison of fonner and new State and County law requirements for both new
development and redevelopment.
This bill includes provisions recently adopted by the Maryland
Department ofthe Environment (MDE)
in
emergency regulations to implement the 2007
Act, which allow the County to grant administrative waivers from the new standards for
projects that have prior preliminary approvals.
For more infonnation on this bill, please contact ruck Brush, DPS Water
Resources Plan Review Manager, at 240-777-6343 or Steve Shofar, DEP Watershed
Management Division Chief, at 240-777-7736.
Attachments
cc;
Kathleen Boucher. Assistant ChiefAdministrative Officer
Carla Reid, Director, Department ofPennitting Services
Robert Hoyt, Director, Department of Environmental Protection
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State and County Stormwater Requirements - Former and New
New Development
1
Definition
er
-First flush
-First 1" of rainfall
-Volume stored and
Protection slowly released to
minimize erosion to
stream banks from
high velocities.
-2.6" of rainfall
Recharge -Volume needed
to
maintain
. -ESDor
I
structural
-Structural
(unless
flows are
less that 2
-ESDtoMEP
-Structural
where ESD not
possible
Redevelopment
Definition
MDE
MDENew
-50% WQv
-ESDto MEP
-Not required
-First flush
-First I" of rainfall
Channel
-Volume stored and
Protection slowly released
to
minimize erosion
to
stream banks from high
velocities.
-2.6" of rainfall
Recharge
maintain
Water
Required
I
"WQv" means Water
Quality
volume (first inch ofrunoft)
"CPV" means Channel Protection Volume (I-year 24-hour duration rainfall event). This is 2.6
inches
in
Montgomery County.
"ESD" means Environmentally Sensitive Site Design.
"MEP" means Maximum Extent Practicable